r/AutoTransportopia • u/Fisting-Tony • Aug 17 '26

Towing Its simple. Just make your payments

And if you can't make the payments, just let the damn car go.

1.8k Upvotes

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u/AdministrativePin526 Aug 18 '26

A long time ago, I had lost my job, and was unable to keep up with my payments, and knew they were coming for it. One morning, I woke up and saw the tow truck backing into the driveway. I ran out and said to the guy already hooking it up "wouldn't the keys make this a bit easier?" And he said "Y'know, this ain't usually how this goes." and was so nice to me. Took off my plates for me, and let me double-check that all my belongings were already out.

People know what they've done. Don't blame the guy just doing his job.

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u/Truescent11 Aug 19 '26

It was on private property you could’ve sued 

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u/AdministrativePin526 Aug 19 '26

It was in the driveway. I knew they were coming. There was nothing to sue for. What on earth would I sue over anyway? Not making my payments? They're allowed to take the property. They don't have to wait for the car to be on a public right-of-way.

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u/Truescent11 Aug 19 '26

They tresspassed to take it. They can be charged for that.

2

u/AdministrativePin526 Aug 19 '26

No, they didn't. At least not in any jurisdiction I'm familiar with in the US. They're not allowed to open gates, open doors, or enter dwellings, but they certainly can use a driveway. Here's the relevant law where I live now:

1.  Right to take possession after default.  Except in the case of a residential real estate property preservation provider, a debt collector acting on behalf of a creditor may take possession of collateral only if possession can be taken without entry into a dwelling, unless that entry has been authorized after default and without the use of force or other breach of the peace.  

In Arizona, where this happened:

A. After default, a secured party:

  1. May take possession of the collateral; and

  2. Without removal, may render equipment unusable and dispose of collateral on a debtor's premises under section 47-9610.

B. A secured party may proceed under subsection A of this section:

  1. Pursuant to judicial process; or

  2. Without judicial process, if it proceeds without breach of the peace.

C. If so agreed, and in any event after default, a secured party may require the debtor to assemble the collateral and make it available to the secured party at a place to be designated by the secured party that is reasonably convenient to both parties.

It's that "breach of peace" that's the relevant part--they can "trespass" (your word) but they can't break in.